Illinois General Assembly - Full Text of HB3817
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Full Text of HB3817  100th General Assembly

HB3817enr 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-7, 1-8, and 5-915 as follows:
 
6    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
7    Sec. 1-7. Confidentiality of law enforcement and municipal
8ordinance violation records.
9    (A) All juvenile records which have not been expunged are
10sealed and may never be disclosed to the general public or
11otherwise made widely available. Sealed records may be obtained
12only under this Section and Section 1-8 and 5-915 of this Act,
13when their use is needed for good cause and with an order from
14the juvenile court, as required by those not authorized to
15retain them. Inspection and copying of law enforcement records
16maintained by law enforcement agencies or records of municipal
17ordinance violations maintained by any State, local, or
18municipal agency that relate to a minor who has been
19investigated, arrested, or taken into custody before his or her
2018th birthday shall be restricted to the following:
21        (1) Any local, State or federal law enforcement
22    officers of any jurisdiction or agency when necessary for
23    the discharge of their official duties during the

 

 

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1    investigation or prosecution of a crime or relating to a
2    minor who has been adjudicated delinquent and there has
3    been a previous finding that the act which constitutes the
4    previous offense was committed in furtherance of criminal
5    activities by a criminal street gang, or, when necessary
6    for the discharge of its official duties in connection with
7    a particular investigation of the conduct of a law
8    enforcement officer, an independent agency or its staff
9    created by ordinance and charged by a unit of local
10    government with the duty of investigating the conduct of
11    law enforcement officers. For purposes of this Section,
12    "criminal street gang" has the meaning ascribed to it in
13    Section 10 of the Illinois Streetgang Terrorism Omnibus
14    Prevention Act.
15        (2) Prosecutors, probation officers, social workers,
16    or other individuals assigned by the court to conduct a
17    pre-adjudication or pre-disposition investigation, and
18    individuals responsible for supervising or providing
19    temporary or permanent care and custody for minors pursuant
20    to the order of the juvenile court, when essential to
21    performing their responsibilities.
22        (3) Prosecutors and probation officers:
23            (a) in the course of a trial when institution of
24        criminal proceedings has been permitted or required
25        under Section 5-805; or
26            (b) when institution of criminal proceedings has

 

 

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1        been permitted or required under Section 5-805 and such
2        minor is the subject of a proceeding to determine the
3        amount of bail; or
4            (c) when criminal proceedings have been permitted
5        or required under Section 5-805 and such minor is the
6        subject of a pre-trial investigation, pre-sentence
7        investigation, fitness hearing, or proceedings on an
8        application for probation.
9        (4) Adult and Juvenile Prisoner Review Board.
10        (5) Authorized military personnel.
11        (6) Persons engaged in bona fide research, with the
12    permission of the Presiding Judge of the Juvenile Court and
13    the chief executive of the respective law enforcement
14    agency; provided that publication of such research results
15    in no disclosure of a minor's identity and protects the
16    confidentiality of the minor's record.
17        (7) Department of Children and Family Services child
18    protection investigators acting in their official
19    capacity.
20        (8) The appropriate school official only if the agency
21    or officer believes that there is an imminent threat of
22    physical harm to students, school personnel, or others who
23    are present in the school or on school grounds.
24             (A) Inspection and copying shall be limited to law
25        enforcement records transmitted to the appropriate
26        school official or officials whom the school has

 

 

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1        determined to have a legitimate educational or safety
2        interest by a local law enforcement agency under a
3        reciprocal reporting system established and maintained
4        between the school district and the local law
5        enforcement agency under Section 10-20.14 of the
6        School Code concerning a minor enrolled in a school
7        within the school district who has been arrested or
8        taken into custody for any of the following offenses:
9                (i) any violation of Article 24 of the Criminal
10            Code of 1961 or the Criminal Code of 2012;
11                (ii) a violation of the Illinois Controlled
12            Substances Act;
13                (iii) a violation of the Cannabis Control Act;
14                (iv) a forcible felony as defined in Section
15            2-8 of the Criminal Code of 1961 or the Criminal
16            Code of 2012;
17                (v) a violation of the Methamphetamine Control
18            and Community Protection Act;
19                (vi) a violation of Section 1-2 of the
20            Harassing and Obscene Communications Act;
21                (vii) a violation of the Hazing Act; or
22                (viii) a violation of Section 12-1, 12-2,
23            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
24            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
25            Criminal Code of 1961 or the Criminal Code of 2012.
26            The information derived from the law enforcement

 

 

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1        records shall be kept separate from and shall not
2        become a part of the official school record of that
3        child and shall not be a public record. The information
4        shall be used solely by the appropriate school official
5        or officials whom the school has determined to have a
6        legitimate educational or safety interest to aid in the
7        proper rehabilitation of the child and to protect the
8        safety of students and employees in the school. If the
9        designated law enforcement and school officials deem
10        it to be in the best interest of the minor, the student
11        may be referred to in-school or community based social
12        services if those services are available.
13        "Rehabilitation services" may include interventions by
14        school support personnel, evaluation for eligibility
15        for special education, referrals to community-based
16        agencies such as youth services, behavioral healthcare
17        service providers, drug and alcohol prevention or
18        treatment programs, and other interventions as deemed
19        appropriate for the student.
20            (B) Any information provided to appropriate school
21        officials whom the school has determined to have a
22        legitimate educational or safety interest by local law
23        enforcement officials about a minor who is the subject
24        of a current police investigation that is directly
25        related to school safety shall consist of oral
26        information only, and not written law enforcement

 

 

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1        records, and shall be used solely by the appropriate
2        school official or officials to protect the safety of
3        students and employees in the school and aid in the
4        proper rehabilitation of the child. The information
5        derived orally from the local law enforcement
6        officials shall be kept separate from and shall not
7        become a part of the official school record of the
8        child and shall not be a public record. This limitation
9        on the use of information about a minor who is the
10        subject of a current police investigation shall in no
11        way limit the use of this information by prosecutors in
12        pursuing criminal charges arising out of the
13        information disclosed during a police investigation of
14        the minor. For purposes of this paragraph,
15        "investigation" means an official systematic inquiry
16        by a law enforcement agency into actual or suspected
17        criminal activity.
18        (9) Mental health professionals on behalf of the
19    Illinois Department of Corrections or the Department of
20    Human Services or prosecutors who are evaluating,
21    prosecuting, or investigating a potential or actual
22    petition brought under the Sexually Violent Persons
23    Commitment Act relating to a person who is the subject of
24    juvenile law enforcement records or the respondent to a
25    petition brought under the Sexually Violent Persons
26    Commitment Act who is the subject of the juvenile law

 

 

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1    enforcement records sought. Any records and any
2    information obtained from those records under this
3    paragraph (9) may be used only in sexually violent persons
4    commitment proceedings.
5        (10) The president of a park district. Inspection and
6    copying shall be limited to law enforcement records
7    transmitted to the president of the park district by the
8    Illinois State Police under Section 8-23 of the Park
9    District Code or Section 16a-5 of the Chicago Park District
10    Act concerning a person who is seeking employment with that
11    park district and who has been adjudicated a juvenile
12    delinquent for any of the offenses listed in subsection (c)
13    of Section 8-23 of the Park District Code or subsection (c)
14    of Section 16a-5 of the Chicago Park District Act.
15        (B)(1) Except as provided in paragraph (2), no law
16    enforcement officer or other person or agency may knowingly
17    transmit to the Department of Corrections or the Department
18    of State Police or to the Federal Bureau of Investigation
19    any fingerprint or photograph relating to a minor who has
20    been arrested or taken into custody before his or her 18th
21    birthday, unless the court in proceedings under this Act
22    authorizes the transmission or enters an order under
23    Section 5-805 permitting or requiring the institution of
24    criminal proceedings.
25        (2) Law enforcement officers or other persons or
26    agencies shall transmit to the Department of State Police

 

 

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1    copies of fingerprints and descriptions of all minors who
2    have been arrested or taken into custody before their 18th
3    birthday for the offense of unlawful use of weapons under
4    Article 24 of the Criminal Code of 1961 or the Criminal
5    Code of 2012, a Class X or Class 1 felony, a forcible
6    felony as defined in Section 2-8 of the Criminal Code of
7    1961 or the Criminal Code of 2012, or a Class 2 or greater
8    felony under the Cannabis Control Act, the Illinois
9    Controlled Substances Act, the Methamphetamine Control and
10    Community Protection Act, or Chapter 4 of the Illinois
11    Vehicle Code, pursuant to Section 5 of the Criminal
12    Identification Act. Information reported to the Department
13    pursuant to this Section may be maintained with records
14    that the Department files pursuant to Section 2.1 of the
15    Criminal Identification Act. Nothing in this Act prohibits
16    a law enforcement agency from fingerprinting a minor taken
17    into custody or arrested before his or her 18th birthday
18    for an offense other than those listed in this paragraph
19    (2).
20    (C) The records of law enforcement officers, or of an
21independent agency created by ordinance and charged by a unit
22of local government with the duty of investigating the conduct
23of law enforcement officers, concerning all minors under 18
24years of age must be maintained separate from the records of
25arrests and may not be open to public inspection or their
26contents disclosed to the public except by order of the court

 

 

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1presiding over matters pursuant to this Act or when the
2institution of criminal proceedings has been permitted or
3required under Section 5-805 or such a person has been
4convicted of a crime and is the subject of pre-sentence
5investigation or proceedings on an application for probation or
6when provided by law. For purposes of obtaining documents under
7pursuant to this Section, a civil subpoena is not an order of
8the court.
9        (1) In cases where the law enforcement, or independent
10    agency, records concern a pending juvenile court case, the
11    party seeking to inspect the records shall provide actual
12    notice to the attorney or guardian ad litem of the minor
13    whose records are sought.
14        (2) In cases where the records concern a juvenile court
15    case that is no longer pending, the party seeking to
16    inspect the records shall provide actual notice to the
17    minor or the minor's parent or legal guardian, and the
18    matter shall be referred to the chief judge presiding over
19    matters pursuant to this Act.
20        (3) In determining whether the records should be
21    available for inspection, the court shall consider the
22    minor's interest in confidentiality and rehabilitation
23    over the moving party's interest in obtaining the
24    information. Any records obtained in violation of this
25    subsection (C) shall not be admissible in any criminal or
26    civil proceeding, or operate to disqualify a minor from

 

 

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1    subsequently holding public office or securing employment,
2    or operate as a forfeiture of any public benefit, right,
3    privilege, or right to receive any license granted by
4    public authority.
5    (D) Nothing contained in subsection (C) of this Section
6shall prohibit the inspection or disclosure to victims and
7witnesses of photographs contained in the records of law
8enforcement agencies when the inspection and disclosure is
9conducted in the presence of a law enforcement officer for the
10purpose of the identification or apprehension of any person
11subject to the provisions of this Act or for the investigation
12or prosecution of any crime.
13    (E) Law enforcement officers, and personnel of an
14independent agency created by ordinance and charged by a unit
15of local government with the duty of investigating the conduct
16of law enforcement officers, may not disclose the identity of
17any minor in releasing information to the general public as to
18the arrest, investigation or disposition of any case involving
19a minor.
20    (F) Nothing contained in this Section shall prohibit law
21enforcement agencies from communicating with each other by
22letter, memorandum, teletype or intelligence alert bulletin or
23other means the identity or other relevant information
24pertaining to a person under 18 years of age if there are
25reasonable grounds to believe that the person poses a real and
26present danger to the safety of the public or law enforcement

 

 

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1officers. The information provided under this subsection (F)
2shall remain confidential and shall not be publicly disclosed,
3except as otherwise allowed by law.
4    (G) Nothing in this Section shall prohibit the right of a
5Civil Service Commission or appointing authority of any state,
6county or municipality examining the character and fitness of
7an applicant for employment with a law enforcement agency,
8correctional institution, or fire department from obtaining
9and examining the records of any law enforcement agency
10relating to any record of the applicant having been arrested or
11taken into custody before the applicant's 18th birthday.
12    (H) The changes made to this Section by Public Act 98-61
13apply to law enforcement records of a minor who has been
14arrested or taken into custody on or after January 1, 2014 (the
15effective date of Public Act 98-61).
16    (I) Willful violation of this Section is a Class C
17misdemeanor and each violation is subject to a fine of $1,000.
18This subsection (I) shall not apply to the person who is the
19subject of the record.
20    (J) A person convicted of violating this Section is liable
21for damages in the amount of $1,000 or actual damages,
22whichever is greater.
23(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
24eff. 8-6-15.)
 
25    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)

 

 

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1    Sec. 1-8. Confidentiality and accessibility of juvenile
2court records.
3    (A) A juvenile adjudication shall never be considered a
4conviction nor shall an adjudicated individual be considered a
5criminal. Unless expressly allowed by law, a juvenile
6adjudication shall not operate to impose upon the individual
7any of the civil disabilities ordinarily imposed by or
8resulting from conviction. Unless expressly allowed by law,
9adjudications shall not prejudice or disqualify the individual
10in any civil service application or appointment, from holding
11public office, or from receiving any license granted by public
12authority. All juvenile records which have not been expunged
13are sealed and may never be disclosed to the general public or
14otherwise made widely available. Sealed records may be obtained
15only under this Section and Section 1-7 and Section 5-915 of
16this Act, when their use is needed for good cause and with an
17order from the juvenile court, as required by those not
18authorized to retain them. Inspection and copying of juvenile
19court records relating to a minor who is the subject of a
20proceeding under this Act shall be restricted to the following:
21        (1) The minor who is the subject of record, his
22    parents, guardian and counsel.
23        (2) Law enforcement officers and law enforcement
24    agencies when such information is essential to executing an
25    arrest or search warrant or other compulsory process, or to
26    conducting an ongoing investigation or relating to a minor

 

 

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1    who has been adjudicated delinquent and there has been a
2    previous finding that the act which constitutes the
3    previous offense was committed in furtherance of criminal
4    activities by a criminal street gang.
5        Before July 1, 1994, for the purposes of this Section,
6    "criminal street gang" means any ongoing organization,
7    association, or group of 3 or more persons, whether formal
8    or informal, having as one of its primary activities the
9    commission of one or more criminal acts and that has a
10    common name or common identifying sign, symbol or specific
11    color apparel displayed, and whose members individually or
12    collectively engage in or have engaged in a pattern of
13    criminal activity.
14        Beginning July 1, 1994, for purposes of this Section,
15    "criminal street gang" has the meaning ascribed to it in
16    Section 10 of the Illinois Streetgang Terrorism Omnibus
17    Prevention Act.
18        (3) Judges, hearing officers, prosecutors, probation
19    officers, social workers or other individuals assigned by
20    the court to conduct a pre-adjudication or predisposition
21    investigation, and individuals responsible for supervising
22    or providing temporary or permanent care and custody for
23    minors pursuant to the order of the juvenile court when
24    essential to performing their responsibilities.
25        (4) Judges, prosecutors and probation officers:
26            (a) in the course of a trial when institution of

 

 

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1        criminal proceedings has been permitted or required
2        under Section 5-805; or
3            (b) when criminal proceedings have been permitted
4        or required under Section 5-805 and a minor is the
5        subject of a proceeding to determine the amount of
6        bail; or
7            (c) when criminal proceedings have been permitted
8        or required under Section 5-805 and a minor is the
9        subject of a pre-trial investigation, pre-sentence
10        investigation or fitness hearing, or proceedings on an
11        application for probation; or
12            (d) when a minor becomes 18 years of age or older,
13        and is the subject of criminal proceedings, including a
14        hearing to determine the amount of bail, a pre-trial
15        investigation, a pre-sentence investigation, a fitness
16        hearing, or proceedings on an application for
17        probation.
18        (5) Adult and Juvenile Prisoner Review Boards.
19        (6) Authorized military personnel.
20        (7) Victims, their subrogees and legal
21    representatives; however, such persons shall have access
22    only to the name and address of the minor and information
23    pertaining to the disposition or alternative adjustment
24    plan of the juvenile court.
25        (8) Persons engaged in bona fide research, with the
26    permission of the presiding judge of the juvenile court and

 

 

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1    the chief executive of the agency that prepared the
2    particular records; provided that publication of such
3    research results in no disclosure of a minor's identity and
4    protects the confidentiality of the record.
5        (9) The Secretary of State to whom the Clerk of the
6    Court shall report the disposition of all cases, as
7    required in Section 6-204 of the Illinois Vehicle Code.
8    However, information reported relative to these offenses
9    shall be privileged and available only to the Secretary of
10    State, courts, and police officers.
11        (10) The administrator of a bonafide substance abuse
12    student assistance program with the permission of the
13    presiding judge of the juvenile court.
14        (11) Mental health professionals on behalf of the
15    Illinois Department of Corrections or the Department of
16    Human Services or prosecutors who are evaluating,
17    prosecuting, or investigating a potential or actual
18    petition brought under the Sexually Violent Persons
19    Commitment Act relating to a person who is the subject of
20    juvenile court records or the respondent to a petition
21    brought under the Sexually Violent Persons Commitment Act,
22    who is the subject of juvenile court records sought. Any
23    records and any information obtained from those records
24    under this paragraph (11) may be used only in sexually
25    violent persons commitment proceedings.
26    (A-1) Findings and exclusions of paternity entered in

 

 

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1proceedings occurring under Article II of this Act shall be
2disclosed, in a manner and form approved by the Presiding Judge
3of the Juvenile Court, to the Department of Healthcare and
4Family Services when necessary to discharge the duties of the
5Department of Healthcare and Family Services under Article X of
6the Illinois Public Aid Code.
7    (B) A minor who is the victim in a juvenile proceeding
8shall be provided the same confidentiality regarding
9disclosure of identity as the minor who is the subject of
10record.
11    (C) Juvenile Except as otherwise provided in this
12subsection (C), juvenile court records shall not be made
13available to the general public. Subject to the limitations in
14paragraphs (0.1) through (0.4) of this subsection (C), the
15judge presiding over a juvenile court proceeding brought under
16this Act, in his or her discretion, may order that juvenile
17court records of an individual case be made available for
18inspection upon request by a representative of an agency,
19association, or news media entity or by a properly interested
20person. For purposes of inspecting documents under this Section
21subsection (C), a civil subpoena is not an order of the court.
22        (0.1) In cases where the records concern a pending
23    juvenile court case, the requesting party seeking to
24    inspect the juvenile court records shall provide actual
25    notice to the attorney or guardian ad litem of the minor
26    whose records are sought.

 

 

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1        (0.2) In cases where the records concern a juvenile
2    court case that is no longer pending, the requesting party
3    seeking to inspect the juvenile court records shall provide
4    actual notice to the minor or the minor's parent or legal
5    guardian, and the matter shall be referred to the chief
6    judge presiding over matters pursuant to this Act.
7        (0.3) In determining whether records should be made
8    available for inspection and whether inspection should be
9    limited to certain parts of the file, the court shall
10    consider the minor's interest in confidentiality and
11    rehabilitation over the requesting party's interest in
12    obtaining the information. The State's Attorney, the
13    minor, and the minor's parents, guardian, and counsel shall
14    at all times have the right to examine court files and
15    records.
16        (0.4) Any records obtained in violation of this Section
17    subsection (C) shall not be admissible in any criminal or
18    civil proceeding, or operate to disqualify a minor from
19    subsequently holding public office, or operate as a
20    forfeiture of any public benefit, right, privilege, or
21    right to receive any license granted by public authority.
22        (1) The court shall allow the general public to have
23    access to the name, address, and offense of a minor who is
24    adjudicated a delinquent minor under this Act under either
25    of the following circumstances:
26            (A) The adjudication of delinquency was based upon

 

 

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1        the minor's commission of first degree murder, attempt
2        to commit first degree murder, aggravated criminal
3        sexual assault, or criminal sexual assault; or
4            (B) The court has made a finding that the minor was
5        at least 13 years of age at the time the act was
6        committed and the adjudication of delinquency was
7        based upon the minor's commission of: (i) an act in
8        furtherance of the commission of a felony as a member
9        of or on behalf of a criminal street gang, (ii) an act
10        involving the use of a firearm in the commission of a
11        felony, (iii) an act that would be a Class X felony
12        offense under or the minor's second or subsequent Class
13        2 or greater felony offense under the Cannabis Control
14        Act if committed by an adult, (iv) an act that would be
15        a second or subsequent offense under Section 402 of the
16        Illinois Controlled Substances Act if committed by an
17        adult, (v) an act that would be an offense under
18        Section 401 of the Illinois Controlled Substances Act
19        if committed by an adult, (vi) an act that would be a
20        second or subsequent offense under Section 60 of the
21        Methamphetamine Control and Community Protection Act,
22        or (vii) an act that would be an offense under another
23        Section of the Methamphetamine Control and Community
24        Protection Act.
25        (2) The court shall allow the general public to have
26    access to the name, address, and offense of a minor who is

 

 

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1    at least 13 years of age at the time the offense is
2    committed and who is convicted, in criminal proceedings
3    permitted or required under Section 5-4, under either of
4    the following circumstances:
5            (A) The minor has been convicted of first degree
6        murder, attempt to commit first degree murder,
7        aggravated criminal sexual assault, or criminal sexual
8        assault,
9            (B) The court has made a finding that the minor was
10        at least 13 years of age at the time the offense was
11        committed and the conviction was based upon the minor's
12        commission of: (i) an offense in furtherance of the
13        commission of a felony as a member of or on behalf of a
14        criminal street gang, (ii) an offense involving the use
15        of a firearm in the commission of a felony, (iii) a
16        Class X felony offense under or a second or subsequent
17        Class 2 or greater felony offense under the Cannabis
18        Control Act, (iv) a second or subsequent offense under
19        Section 402 of the Illinois Controlled Substances Act,
20        (v) an offense under Section 401 of the Illinois
21        Controlled Substances Act, (vi) an act that would be a
22        second or subsequent offense under Section 60 of the
23        Methamphetamine Control and Community Protection Act,
24        or (vii) an act that would be an offense under another
25        Section of the Methamphetamine Control and Community
26        Protection Act.

 

 

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1    (D) Pending or following any adjudication of delinquency
2for any offense defined in Sections 11-1.20 through 11-1.60 or
312-13 through 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, the victim of any such offense shall
5receive the rights set out in Sections 4 and 6 of the Bill of
6Rights for Victims and Witnesses of Violent Crime Act; and the
7juvenile who is the subject of the adjudication,
8notwithstanding any other provision of this Act, shall be
9treated as an adult for the purpose of affording such rights to
10the victim.
11    (E) Nothing in this Section shall affect the right of a
12Civil Service Commission or appointing authority of any state,
13county or municipality examining the character and fitness of
14an applicant for employment with a law enforcement agency,
15correctional institution, or fire department to ascertain
16whether that applicant was ever adjudicated to be a delinquent
17minor and, if so, to examine the records of disposition or
18evidence which were made in proceedings under this Act.
19    (F) Following any adjudication of delinquency for a crime
20which would be a felony if committed by an adult, or following
21any adjudication of delinquency for a violation of Section
2224-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
23Criminal Code of 2012, the State's Attorney shall ascertain
24whether the minor respondent is enrolled in school and, if so,
25shall provide a copy of the dispositional order to the
26principal or chief administrative officer of the school. Access

 

 

HB3817 Enrolled- 21 -LRB100 11385 SLF 21783 b

1to such juvenile records shall be limited to the principal or
2chief administrative officer of the school and any guidance
3counselor designated by him.
4    (G) Nothing contained in this Act prevents the sharing or
5disclosure of information or records relating or pertaining to
6juveniles subject to the provisions of the Serious Habitual
7Offender Comprehensive Action Program when that information is
8used to assist in the early identification and treatment of
9habitual juvenile offenders.
10    (H) When a Court hearing a proceeding under Article II of
11this Act becomes aware that an earlier proceeding under Article
12II had been heard in a different county, that Court shall
13request, and the Court in which the earlier proceedings were
14initiated shall transmit, an authenticated copy of the Court
15record, including all documents, petitions, and orders filed
16therein and the minute orders, transcript of proceedings, and
17docket entries of the Court.
18    (I) The Clerk of the Circuit Court shall report to the
19Department of State Police, in the form and manner required by
20the Department of State Police, the final disposition of each
21minor who has been arrested or taken into custody before his or
22her 18th birthday for those offenses required to be reported
23under Section 5 of the Criminal Identification Act. Information
24reported to the Department under this Section may be maintained
25with records that the Department files under Section 2.1 of the
26Criminal Identification Act.

 

 

HB3817 Enrolled- 22 -LRB100 11385 SLF 21783 b

1    (J) The changes made to this Section by Public Act 98-61
2apply to law enforcement records of a minor who has been
3arrested or taken into custody on or after January 1, 2014 (the
4effective date of Public Act 98-61).
5    (K) Willful violation of this Section is a Class C
6misdemeanor and each violation is subject to a fine of $1,000.
7This subsection (K) shall not apply to the person who is the
8subject of the record.
9    (L) A person convicted of violating this Section is liable
10for damages in the amount of $1,000 or actual damages,
11whichever is greater.
12(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
1398-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff.
147-16-14.)
 
15    (705 ILCS 405/5-915)
16    Sec. 5-915. Expungement of juvenile law enforcement and
17court records.
18    (0.05) For purposes of this Section and Section 5-622:
19        "Dissemination" or "disseminate" means to publish,
20    produce, print, manufacture, distribute, sell, lease,
21    exhibit, broadcast, display, transmit, or otherwise share
22    information in any format so as to make the information
23    accessible to others.
24        "Expunge" means to physically destroy the records and
25    to obliterate the minor's name and juvenile court records

 

 

HB3817 Enrolled- 23 -LRB100 11385 SLF 21783 b

1    from any official index, or public record, or electronic
2    database both. No evidence of the juvenile court records
3    may be retained by any law enforcement agency, the juvenile
4    court, or by any municipal, county, or State agency or
5    department. Nothing in this Act shall require the physical
6    destruction of the internal office records, files, or
7    databases maintained by a State's Attorney's Office or
8    other prosecutor or by the Office of the Secretary of
9    State.
10        "Juvenile court record" includes, but is not limited
11    to:
12            (a) all documents filed in or maintained by the
13    juvenile court pertaining to a specific incident,
14    proceeding, or individual;
15            (b) all documents relating to a specific incident,
16    proceeding, or individual made available to or maintained
17    by probation officers;
18            (c) all documents, video or audio tapes,
19    photographs, and exhibits admitted into evidence at
20    juvenile court hearings; or
21            (d) all documents, transcripts, records, reports
22    or other evidence prepared by, maintained by, or released
23    by any municipal, county, or state agency or department, in
24    any format, if indicating involvement with the juvenile
25    court relating to a specific incident, proceeding, or
26    individual.

 

 

HB3817 Enrolled- 24 -LRB100 11385 SLF 21783 b

1        "Law enforcement record" includes but is not limited to
2    records of arrest, station adjustments, fingerprints,
3    probation adjustments, the issuance of a notice to appear,
4    or any other records or documents maintained by any a law
5    enforcement agency relating to a minor suspected of
6    committing an offense or evidence of interaction with law
7    enforcement.
8    (0.1) (a) The Department of State Police and all law
9enforcement agencies within the State shall automatically
10expunge, on or before January 1 of each year, all law
11enforcement records relating to events occurring before an
12individual's 18th birthday if:
13        (1) one year or more has elapsed since the date of the
14    arrest or law enforcement interaction documented in the
15    records;
16        (2) no petition for delinquency or criminal charges
17    were filed with the clerk of the circuit court relating to
18    the arrest or law enforcement interaction documented in the
19    records; and
20        (3) 6 months have elapsed without an additional
21    subsequent arrest or filing of a petition for delinquency
22    or criminal charges whether related or not to the arrest or
23    law enforcement interaction documented in the records.
24    (b) If the law enforcement agency is unable to verify
25satisfaction of conditions (2) and (3) of this subsection
26(0.1), records that satisfy condition (1) of this subsection

 

 

HB3817 Enrolled- 25 -LRB100 11385 SLF 21783 b

1(0.1) shall be automatically expunged if the records relate to
2an offense that if committed by an adult would not be an
3offense classified as Class 2 felony or higher, an offense
4under Article 11 of the Criminal Code of 1961 or Criminal Code
5of 2012, or an offense under 12-13, 12-14, 12-14.1, 12-15, or
612-16 of the Criminal Code of 1961.
7    (0.2) (a) Upon dismissal of a petition alleging delinquency
8or upon a finding of not delinquent, the successful termination
9of an order of supervision, or an adjudication for an offense
10which would be a Class B misdemeanor, Class C misdemeanor, or a
11petty or business offense if committed by an adult, the court
12shall automatically order the expungement of the juvenile court
13and law enforcement records within 60 business days.
14    (b) If the chief law enforcement officer of the agency, or
15his or her designee, certifies in writing that certain
16information is needed for a pending investigation involving the
17commission of a felony, that information, and information
18identifying the juvenile, may be retained in an intelligence
19file until the investigation is terminated or for one
20additional year, whichever is sooner. Retention of a portion of
21a juvenile's law enforcement record does not disqualify the
22remainder of his or her record from immediate automatic
23expungement.
24    (0.3) (a) Upon an adjudication of delinquency based on any
25offense except a disqualified offense, the juvenile court shall
26automatically order the expungement of the juvenile records 2

 

 

HB3817 Enrolled- 26 -LRB100 11385 SLF 21783 b

1years after the juvenile's case was closed if no delinquency or
2criminal proceeding is pending and the person has had no
3subsequent delinquency adjudication or criminal conviction.
4The court shall automatically order the expungement of the
5juvenile court and law enforcement records within 60 business
6days. For the purposes of this subsection (0.3), "disqualified
7offense" means any of the following offenses: Section 8-1.2,
89-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
910-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1011-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
1112-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
1218-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
1324-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
1429D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
15Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
16of subsection (a) of Section 11-14.4, subsection (a-5) of
17Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
18Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
19paragraph (1) or (2) of subsection (a) of Section 12-7.4,
20subparagraph (i) of paragraph (1) of subsection (a) of Section
2112-9, subparagraph (H) of paragraph (3) of subsection (a) of
22Section 24-1.6, paragraph (1) of subsection (a) of Section
2325-1, or subsection (a-7) of Section 31-1 of the Criminal Code
24of 2012.
25    (b) If the chief law enforcement officer of the agency, or
26his or her designee, certifies in writing that certain

 

 

HB3817 Enrolled- 27 -LRB100 11385 SLF 21783 b

1information is needed for a pending investigation involving the
2commission of a felony, that information, and information
3identifying the juvenile, may be retained in an intelligence
4file until the investigation is terminated or for one
5additional year, whichever is sooner. Retention of a portion of
6a juvenile's law enforcement record does not disqualify the
7remainder of his or her record from immediate automatic
8expungement.
9    (1) Nothing in this subsection (1) precludes an eligible
10minor from obtaining expungement under subsections (0.1),
11(0.2), or (0.3). Whenever a person has been arrested, charged,
12or adjudicated delinquent for an incident occurring before his
13or her 18th birthday that if committed by an adult would be an
14offense, and that person's records are not eligible for
15automatic expungement under subsections (0.1), (0.2), or
16(0.3), the person may petition the court at any time for
17expungement of law enforcement records and juvenile court
18records relating to the incident and upon termination of all
19juvenile court proceedings relating to that incident, the court
20shall order the expungement of all records in the possession of
21the Department of State Police, the clerk of the circuit court,
22and law enforcement agencies relating to the incident, but only
23in any of the following circumstances:
24        (a) the minor was arrested and no petition for
25    delinquency was filed with the clerk of the circuit court;
26        (a-5) the minor was charged with an offense and the

 

 

HB3817 Enrolled- 28 -LRB100 11385 SLF 21783 b

1    petition or petitions were dismissed without a finding of
2    delinquency;
3        (b) the minor was charged with an offense and was found
4    not delinquent of that offense;
5        (c) the minor was placed under supervision pursuant to
6    Section 5-615, and the order of supervision has since been
7    successfully terminated; or
8        (d) the minor was adjudicated for an offense which
9    would be a Class B misdemeanor, Class C misdemeanor, or a
10    petty or business offense if committed by an adult.
11    (1.5) Commencing 180 days after the effective date of this
12amendatory Act of the 98th General Assembly, the Department of
13State Police shall automatically expunge, on or before January
141 of each year, a person's law enforcement records which are
15not subject to subsection (1) relating to incidents occurring
16before his or her 18th birthday in the Department's possession
17or control and which contains the final disposition which
18pertain to the person when arrested as a minor if:
19        (a) the minor was arrested for an eligible offense and
20    no petition for delinquency was filed with the clerk of the
21    circuit court; and
22        (b) the person attained the age of 18 years during the
23    last calendar year; and
24        (c) since the date of the minor's most recent arrest,
25    at least 6 months have elapsed without an additional
26    arrest, filing of a petition for delinquency whether

 

 

HB3817 Enrolled- 29 -LRB100 11385 SLF 21783 b

1    related or not to a previous arrest, or filing of charges
2    not initiated by arrest.
3    The Department of State Police shall allow a person to use
4the Access and Review process, established in the Department of
5State Police, for verifying that his or her law enforcement
6records relating to incidents occurring before his or her 18th
7birthday eligible under this Act subsection have been expunged
8as provided in this subsection.
9    The Department of State Police shall provide by rule the
10process for access, review, and automatic expungement.
11    (1.6) (Blank). Commencing on the effective date of this
12amendatory Act of the 98th General Assembly, a person whose law
13enforcement records are not subject to subsection (1) or (1.5)
14of this Section and who has attained the age of 18 years may
15use the Access and Review process, established in the
16Department of State Police, for verifying his or her law
17enforcement records relating to incidents occurring before his
18or her 18th birthday in the Department's possession or control
19which pertain to the person when arrested as a minor, if the
20incident occurred no earlier than 30 years before the effective
21date of this amendatory Act of the 98th General Assembly. If
22the person identifies a law enforcement record of an eligible
23offense that meets the requirements of this subsection,
24paragraphs (a) and (c) of subsection (1.5) of this Section, and
25all juvenile court proceedings related to the person have been
26terminated, the person may file a Request for Expungement of

 

 

HB3817 Enrolled- 30 -LRB100 11385 SLF 21783 b

1Juvenile Law Enforcement Records, in the form and manner
2prescribed by the Department of State Police, with the
3Department and the Department shall consider expungement of the
4record as otherwise provided for automatic expungement under
5subsection (1.5) of this Section. The person shall provide
6notice and a copy of the Request for Expungement of Juvenile
7Law Enforcement Records to the arresting agency, prosecutor
8charged with the prosecution of the minor, or the State's
9Attorney of the county that prosecuted the minor. The
10Department of State Police shall provide by rule the process
11for access, review, and Request for Expungement of Juvenile Law
12Enforcement Records.
13    (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of
14this Section precludes a person from filing a petition under
15subsection (1) for expungement of records subject to automatic
16expungement under that subsection (1) or subsection (1.5) or
17(1.6) of this Section.
18    (1.8) (Blank). For the purposes of subsections (1.5) and
19(1.6) of this Section, "eligible offense" means records
20relating to an arrest or incident occurring before the person's
2118th birthday that if committed by an adult is not an offense
22classified as a Class 2 felony or higher offense, an offense
23under Article 11 of the Criminal Code of 1961 or the Criminal
24Code of 2012, or an offense under Section 12-13, 12-14,
2512-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
26    (2) Any person whose delinquency adjudications are not

 

 

HB3817 Enrolled- 31 -LRB100 11385 SLF 21783 b

1eligible for automatic expungement under subsection (0.3) of
2this Section may petition the court to expunge all law
3enforcement records relating to any incidents occurring before
4his or her 18th birthday which did not result in proceedings in
5criminal court and all juvenile court records with respect to
6any adjudications except those based upon first degree murder
7or an offense under Article 11 of the Criminal Code of 2012 if
8the person is required to register under the Sex Offender
9Registration Act; provided that: and sex offenses which would
10be felonies if committed by an adult, if the person for whom
11expungement is sought has had no convictions for any crime
12since his or her 18th birthday and:
13        (a) (blank); or has attained the age of 21 years; or
14        (b) 2 5 years have elapsed since all juvenile court
15    proceedings relating to him or her have been terminated and
16    or his or her commitment to the Department of Juvenile
17    Justice under pursuant to this Act has been terminated. ;
18whichever is later of (a) or (b). Nothing in this Section 5-915
19precludes a minor from obtaining expungement under Section
205-622.
21    (2.5) If a minor is arrested and no petition for
22delinquency is filed with the clerk of the circuit court as
23provided in paragraph (a) of subsection (1) at the time the
24minor is released from custody, the youth officer, if
25applicable, or other designated person from the arresting
26agency, shall notify verbally and in writing to the minor or

 

 

HB3817 Enrolled- 32 -LRB100 11385 SLF 21783 b

1the minor's parents or guardians that the minor has a right to
2petition to have his or her arrest record expunged when all
3juvenile court proceedings relating to that minor have been
4terminated and that unless a petition to expunge is filed, that
5the minor shall have an arrest record and shall provide the
6minor and the minor's parents or guardians with an expungement
7information packet, information regarding this State's
8expungement laws including a petition to expunge juvenile
9records obtained from the clerk of the circuit court.
10    (2.6) If a minor is referred to court charged with an
11offense and is found not delinquent of that offense; or if a
12minor is placed under supervision under Section 5-615, and the
13order of supervision is successfully terminated; or if a minor
14is adjudicated for an offense that would be a Class B
15misdemeanor, a Class C misdemeanor, or a business or petty
16offense if committed by an adult; or if a minor has incidents
17occurring before his or her 18th birthday that have not
18resulted in proceedings in criminal court, or resulted in
19proceedings in juvenile court, and the adjudications were not
20based upon first degree murder or sex offenses that would be
21felonies if committed by an adult; then at the time of
22sentencing or dismissal of the case, or successful completion
23of supervision, the judge shall inform the delinquent minor of
24his or her rights regarding expungement right to petition for
25expungement as provided by law, and the clerk of the circuit
26court shall provide an expungement information packet to the

 

 

HB3817 Enrolled- 33 -LRB100 11385 SLF 21783 b

1delinquent minor, written in plain language, including
2information regarding this State's expungement laws and a
3petition for expungement, a sample of a completed petition,
4expungement instructions that shall include information
5informing the minor that (i) once the case is expunged, it
6shall be treated as if it never occurred, (ii) he or she may
7apply to have petition fees waived, (iii) once he or she
8obtains an expungement, he or she may not be required to
9disclose that he or she had a juvenile record, and (iv) if
10petitioning he or she may file the petition on his or her own
11or with the assistance of an attorney. The failure of the judge
12to inform the delinquent minor of his or her right to petition
13for expungement as provided by law does not create a
14substantive right, nor is that failure grounds for: (i) a
15reversal of an adjudication of delinquency, (ii) a new trial;
16or (iii) an appeal.
17    (2.7) (Blank). For counties with a population over
183,000,000, the clerk of the circuit court shall send a
19"Notification of a Possible Right to Expungement" post card to
20the minor at the address last received by the clerk of the
21circuit court on the date that the minor attains the age of 18
22based on the birthdate provided to the court by the minor or
23his or her guardian in cases under paragraphs (b), (c), and (d)
24of subsection (1); and when the minor attains the age of 21
25based on the birthdate provided to the court by the minor or
26his or her guardian in cases under subsection (2).

 

 

HB3817 Enrolled- 34 -LRB100 11385 SLF 21783 b

1    (2.8) The petition for expungement for subsection (1) and
2(2) may include multiple offenses on the same petition and
3shall be substantially in the following form:
4
IN THE CIRCUIT COURT OF ......, ILLINOIS
5
........ JUDICIAL CIRCUIT

 
6IN THE INTEREST OF )    NO.
7                   )
8                   )
9...................)
10(Name of Petitioner)
 
11
PETITION TO EXPUNGE JUVENILE RECORDS
12
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2 ))
13Now comes ............., petitioner, and respectfully requests
14that this Honorable Court enter an order expunging all juvenile
15law enforcement and court records of petitioner and in support
16thereof states that: Petitioner has attained the age of ....,
17his/her birth date being ......, or all Juvenile Court
18proceedings terminated as of ......, whichever occurred later.
19Petitioner was arrested on ..... by the ....... Police
20Department for the offense or offenses of ......., and:
21(Check All That Apply:)
22( ) a. no petition or petitions were filed with the Clerk of
23the Circuit Court.
24( ) b. was charged with ...... and was found not delinquent of

 

 

HB3817 Enrolled- 35 -LRB100 11385 SLF 21783 b

1the offense or offenses.
2( ) c. a petition or petitions were filed and the petition or
3petitions were dismissed without a finding of delinquency on
4.....
5( ) d. on ....... placed under supervision pursuant to Section
65-615 of the Juvenile Court Act of 1987 and such order of
7supervision successfully terminated on ........
8( ) e. was adjudicated for the offense or offenses, which would
9have been a Class B misdemeanor, a Class C misdemeanor, or a
10petty offense or business offense if committed by an adult.
11( ) f. was adjudicated for a Class A misdemeanor or felony,
12except first degree murder or an offense under Article 11 of
13the Criminal Code of 2012 if the person is required to register
14under the Sex Offender Registration Act, and 2 years have
15passed since the case was closed.
16Petitioner .... has .... has not been arrested on charges in
17this or any county other than the charges listed above. If
18petitioner has been arrested on additional charges, please list
19the charges below:
20Charge(s): ......
21Arresting Agency or Agencies: ...........
22Disposition/Result: (choose from a. through f e., above): .....
23WHEREFORE, the petitioner respectfully requests this Honorable
24Court to (1) order all law enforcement agencies to expunge all
25records of petitioner to this incident or incidents, and (2) to
26order the Clerk of the Court to expunge all records concerning

 

 

HB3817 Enrolled- 36 -LRB100 11385 SLF 21783 b

1the petitioner regarding this incident or incidents.
 
2
......................
3
Petitioner (Signature)

 
4
..........................
5
Petitioner's Street Address

 
6
.....................
7
City, State, Zip Code

 
8
.............................
9
Petitioner's Telephone Number

 
10Pursuant to the penalties of perjury under the Code of Civil
11Procedure, 735 ILCS 5/1-109, I hereby certify that the
12statements in this petition are true and correct, or on
13information and belief I believe the same to be true.
 
14
......................
15
Petitioner (Signature)
16The Petition for Expungement for subsection (2) shall be
17substantially in the following form:
 
18
IN THE CIRCUIT COURT OF ........, ILLINOIS
19
........ JUDICIAL CIRCUIT

 

 

 

HB3817 Enrolled- 37 -LRB100 11385 SLF 21783 b

1IN THE INTEREST OF )    NO.
2                   )
3                   )
4...................)
5(Name of Petitioner)
 
6
PETITION TO EXPUNGE JUVENILE RECORDS
7
(705 ILCS 405/5-915 (SUBSECTION 2))
8
(Please prepare a separate petition for each offense)
9Now comes ............, petitioner, and respectfully requests
10that this Honorable Court enter an order expunging all Juvenile
11Law Enforcement and Court records of petitioner and in support
12thereof states that:
13The incident for which the Petitioner seeks expungement
14occurred before the Petitioner's 18th birthday and did not
15result in proceedings in criminal court and the Petitioner has
16not had any convictions for any crime since his/her 18th
17birthday; and
18The incident for which the Petitioner seeks expungement
19occurred before the Petitioner's 18th birthday and the
20adjudication was not based upon first-degree murder or sex
21offenses which would be felonies if committed by an adult, and
22the Petitioner has not had any convictions for any crime since
23his/her 18th birthday.
24Petitioner was arrested on ...... by the ....... Police

 

 

HB3817 Enrolled- 38 -LRB100 11385 SLF 21783 b

1Department for the offense of ........, and:
2(Check whichever one occurred the latest:)
3( ) a. The Petitioner has attained the age of 21 years, his/her
4birthday being .......; or
5( ) b. 5 years have elapsed since all juvenile court
6proceedings relating to the Petitioner have been terminated; or
7the Petitioner's commitment to the Department of Juvenile
8Justice pursuant to the expungement of juvenile law enforcement
9and court records provisions of the Juvenile Court Act of 1987
10has been terminated. Petitioner ...has ...has not been arrested
11on charges in this or any other county other than the charge
12listed above. If petitioner has been arrested on additional
13charges, please list the charges below:
14Charge(s): ..........
15Arresting Agency or Agencies: .......
16Disposition/Result: (choose from a or b, above): ..........
17WHEREFORE, the petitioner respectfully requests this Honorable
18Court to (1) order all law enforcement agencies to expunge all
19records of petitioner related to this incident, and (2) to
20order the Clerk of the Court to expunge all records concerning
21the petitioner regarding this incident.
 
22
.......................
23
Petitioner (Signature)

 
24
......................

 

 

HB3817 Enrolled- 39 -LRB100 11385 SLF 21783 b

1
Petitioner's Street Address

 
2
.....................
3
City, State, Zip Code
4
.............................
5
Petitioner's Telephone Number

 
6Pursuant to the penalties of perjury under the Code of Civil
7Procedure, 735 ILCS 5/1-109, I hereby certify that the
8statements in this petition are true and correct, or on
9information and belief I believe the same to be true.
10
......................
11
Petitioner (Signature)
12    (3) The chief judge of the circuit in which an arrest was
13made or a charge was brought or any judge of that circuit
14designated by the chief judge may, upon verified petition of a
15person who is the subject of an arrest or a juvenile court
16proceeding under subsection (1) or (2) of this Section, order
17the law enforcement records or official court file, or both, to
18be expunged from the official records of the arresting
19authority, the clerk of the circuit court and the Department of
20State Police. The person whose records are to be expunged shall
21petition the court using the appropriate form containing his or
22her current address and shall promptly notify the clerk of the
23circuit court of any change of address. Notice of the petition
24shall be served upon the State's Attorney or prosecutor charged

 

 

HB3817 Enrolled- 40 -LRB100 11385 SLF 21783 b

1with the duty of prosecuting the offense, the Department of
2State Police, and the arresting agency or agencies by the clerk
3of the circuit court. If an objection is filed within 45 days
4of the notice of the petition, the clerk of the circuit court
5shall set a date for hearing after the 45-day 45 day objection
6period. At the hearing the court shall hear evidence on whether
7the expungement should or should not be granted. Unless the
8State's Attorney or prosecutor, the Department of State Police,
9or an arresting agency objects to the expungement within 45
10days of the notice, the court may enter an order granting
11expungement. The clerk shall forward a certified copy of the
12order to the Department of State Police and deliver a certified
13copy of the order to the arresting agency.
14    (3.1) The Notice of Expungement shall be in substantially
15the following form:
16
IN THE CIRCUIT COURT OF ....., ILLINOIS
17
.... JUDICIAL CIRCUIT

 
18IN THE INTEREST OF )    NO.
19                   )
20                   )
21...................)
22(Name of Petitioner)
 
23
NOTICE
24TO:  State's Attorney

 

 

HB3817 Enrolled- 41 -LRB100 11385 SLF 21783 b

1TO:  Arresting Agency
2
3................
4................
5
6................
7................
8TO:  Illinois State Police
9
10.....................
11
12.....................
13ATTENTION: Expungement
14You are hereby notified that on ....., at ....., in courtroom
15..., located at ..., before the Honorable ..., Judge, or any
16judge sitting in his/her stead, I shall then and there present
17a Petition to Expunge Juvenile records in the above-entitled
18matter, at which time and place you may appear.
19
......................
20
Petitioner's Signature
21
...........................
22
Petitioner's Street Address
23
.....................
24
City, State, Zip Code
25
.............................
26
Petitioner's Telephone Number

 

 

HB3817 Enrolled- 42 -LRB100 11385 SLF 21783 b

1
PROOF OF SERVICE
2On the ....... day of ......, 20..., I on oath state that I
3served this notice and true and correct copies of the
4above-checked documents by:
5(Check One:)
6delivering copies personally to each entity to whom they are
7directed;
8or
9by mailing copies to each entity to whom they are directed by
10depositing the same in the U.S. Mail, proper postage fully
11prepaid, before the hour of 5:00 p.m., at the United States
12Postal Depository located at .................
13
.........................................
14
15Signature
16
Clerk of the Circuit Court or Deputy Clerk
17Printed Name of Delinquent Minor/Petitioner: ....
18Address: ........................................
19Telephone Number: ...............................
20    (3.2) The Order of Expungement shall be in substantially
21the following form:
22
IN THE CIRCUIT COURT OF ....., ILLINOIS
23
.... JUDICIAL CIRCUIT

 
24IN THE INTEREST OF )    NO.
25                   )

 

 

HB3817 Enrolled- 43 -LRB100 11385 SLF 21783 b

1                   )
2...................)
3(Name of Petitioner)
 
4DOB ................
5Arresting Agency/Agencies ......
6
ORDER OF EXPUNGEMENT
7
(705 ILCS 405/5-915 (SUBSECTION 3))
8This matter having been heard on the petitioner's motion and
9the court being fully advised in the premises does find that
10the petitioner is indigent or has presented reasonable cause to
11waive all costs in this matter, IT IS HEREBY ORDERED that:
12    ( ) 1. Clerk of Court and Department of State Police costs
13are hereby waived in this matter.
14    ( ) 2. The Illinois State Police Bureau of Identification
15and the following law enforcement agencies expunge all records
16of petitioner relating to an arrest dated ...... for the
17offense of ......
18
Law Enforcement Agencies:
19
.........................
20
.........................
21    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
22Court expunge all records regarding the above-captioned case.
23
ENTER: ......................
24
25JUDGE

 

 

HB3817 Enrolled- 44 -LRB100 11385 SLF 21783 b

1DATED: .......
2Name:
3Attorney for:
4Address: City/State/Zip:
5Attorney Number:
6    (3.3) The Notice of Objection shall be in substantially the
7following form:
8
IN THE CIRCUIT COURT OF ....., ILLINOIS
9
....................... JUDICIAL CIRCUIT

 
10IN THE INTEREST OF )    NO.
11                   )
12                   )
13...................)
14(Name of Petitioner)
 
15
NOTICE OF OBJECTION
16TO:(Attorney, Public Defender, Minor)
17.................................
18.................................
19TO:(Illinois State Police)
20.................................
21.................................
22TO:(Clerk of the Court)
23.................................
24.................................

 

 

HB3817 Enrolled- 45 -LRB100 11385 SLF 21783 b

1TO:(Judge)
2.................................
3.................................
4TO:(Arresting Agency/Agencies)
5.................................
6.................................
7ATTENTION: You are hereby notified that an objection has been
8filed by the following entity regarding the above-named minor's
9petition for expungement of juvenile records:
10( ) State's Attorney's Office;
11( ) Prosecutor (other than State's Attorney's Office) charged
12with the duty of prosecuting the offense sought to be expunged;
13( ) Department of Illinois State Police; or
14( ) Arresting Agency or Agencies.
15The agency checked above respectfully requests that this case
16be continued and set for hearing on whether the expungement
17should or should not be granted.
18DATED: .......
19Name:
20Attorney For:
21Address:
22City/State/Zip:
23Telephone:
24Attorney No.:
25
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
26This matter has been set for hearing on the foregoing

 

 

HB3817 Enrolled- 46 -LRB100 11385 SLF 21783 b

1objection, on ...... in room ...., located at ....., before the
2Honorable ....., Judge, or any judge sitting in his/her stead.
3(Only one hearing shall be set, regardless of the number of
4Notices of Objection received on the same case).
5A copy of this completed Notice of Objection containing the
6court date, time, and location, has been sent via regular U.S.
7Mail to the following entities. (If more than one Notice of
8Objection is received on the same case, each one must be
9completed with the court date, time and location and mailed to
10the following entities):
11( ) Attorney, Public Defender or Minor;
12( ) State's Attorney's Office;
13( ) Prosecutor (other than State's Attorney's Office) charged
14with the duty of prosecuting the offense sought to be expunged;
15( ) Department of Illinois State Police; and
16( ) Arresting agency or agencies.
17Date: ......
18Initials of Clerk completing this section: .....
19    (4)(a) Upon entry of an order expunging records or files,
20the offense, which the records or files concern shall be
21treated as if it never occurred. Law enforcement officers and
22other public offices and agencies shall properly reply on
23inquiry that no record or file exists with respect to the
24person.
25    (a-5) Local law enforcement agencies shall send written
26notice to the minor of the expungement of any records within 60

 

 

HB3817 Enrolled- 47 -LRB100 11385 SLF 21783 b

1days of automatic expungement or the date of service of an
2expungement order, whichever applies. If a minor's court file
3has been expunged, the clerk of the circuit court shall send
4written notice to the minor of the expungement of any records
5within 60 days of automatic expungement or the date of service
6of an expungement order, whichever applies.
7    (b) Except with respect to authorized military personnel,
8an expunged juvenile record may not be considered by any
9private or public entity in employment matters, certification,
10licensing, revocation of certification or licensure, or
11registration. Applications for employment within the State
12must contain specific language that states that the applicant
13is not obligated to disclose expunged juvenile records of
14adjudication or arrest. Employers may not ask, in any format or
15context, if an applicant has had a juvenile record expunged.
16Information about an expunged record obtained by a potential
17employer, even inadvertently, from an employment application
18that does not contain specific language that states that the
19applicant is not obligated to disclose expunged juvenile
20records of adjudication or arrest, shall be treated as
21dissemination of an expunged record by the employer.
22    (c) A person whose juvenile records have been expunged is
23not entitled to remission of any fines, costs, or other money
24paid as a consequence of expungement.
25    (5) (Blank). Records which have not been expunged are
26sealed, and may be obtained only under the provisions of

 

 

HB3817 Enrolled- 48 -LRB100 11385 SLF 21783 b

1Sections 5-901, 5-905 and 5-915.
2    (5.5) Whether or not expunged, records eligible for
3automatic expungement under subdivision (0.1)(a), (0.2)(a), or
4(0.3)(a) may be treated as expunged by the individual subject
5to the records.
6    (6) Nothing in this Section shall be construed to prohibit
7the maintenance of information relating to an offense after
8records or files concerning the offense have been expunged if
9the information is kept in a manner that does not enable
10identification of the individual offender. This information
11may only be used for anonymous statistical and bona fide
12research purposes.
13    (6.5) The Department of State Police or any employee of the
14Department shall be immune from civil or criminal liability for
15failure to expunge any records of arrest that are subject to
16expungement under subsection (1.5) or (1.6) of this Section
17because of inability to verify a record. Nothing in subsection
18(1.5) or (1.6) of this Section shall create Department of State
19Police liability or responsibility for the expungement of law
20enforcement records it does not possess.
21    (7)(a) The State Appellate Defender shall establish,
22maintain, and carry out, by December 31, 2004, a juvenile
23expungement program to provide information and assistance to
24minors eligible to have their juvenile records expunged.
25    (b) The State Appellate Defender shall develop brochures,
26pamphlets, and other materials in printed form and through the

 

 

HB3817 Enrolled- 49 -LRB100 11385 SLF 21783 b

1agency's World Wide Web site. The pamphlets and other materials
2shall include at a minimum the following information:
3        (i) An explanation of the State's juvenile expungement
4    laws, including both automatic expungement and expungement
5    by petition process;
6        (ii) The circumstances under which juvenile
7    expungement may occur;
8        (iii) The juvenile offenses that may be expunged;
9        (iv) The steps necessary to initiate and complete the
10    juvenile expungement process; and
11        (v) Directions on how to contact the State Appellate
12    Defender.
13    (c) The State Appellate Defender shall establish and
14maintain a statewide toll-free telephone number that a person
15may use to receive information or assistance concerning the
16expungement of juvenile records. The State Appellate Defender
17shall advertise the toll-free telephone number statewide. The
18State Appellate Defender shall develop an expungement
19information packet that may be sent to eligible persons seeking
20expungement of their juvenile records, which may include, but
21is not limited to, a pre-printed expungement petition with
22instructions on how to complete the petition and a pamphlet
23containing information that would assist individuals through
24the juvenile expungement process.
25    (d) The State Appellate Defender shall compile a statewide
26list of volunteer attorneys willing to assist eligible

 

 

HB3817 Enrolled- 50 -LRB100 11385 SLF 21783 b

1individuals through the juvenile expungement process.
2    (e) This Section shall be implemented from funds
3appropriated by the General Assembly to the State Appellate
4Defender for this purpose. The State Appellate Defender shall
5employ the necessary staff and adopt the necessary rules for
6implementation of this Section.
7    (7.5) (a) Willful dissemination of any information
8contained in an expunged record shall be treated as a Class C
9misdemeanor and punishable by a fine of $1,000 per violation.
10    (b) Willful dissemination for financial gain of any
11information contained in an expunged record shall be treated as
12a Class 4 felony. Dissemination for financial gain by an
13employee of any municipal, county, or State agency, including
14law enforcement, shall result in immediate termination.
15    (c) The person whose record was expunged has a right of
16action against any person who intentionally disseminates an
17expunged record. In the proceeding, punitive damages up to an
18amount of $1,000 may be sought in addition to any actual
19damages. The prevailing party shall be entitled to costs and
20reasonable attorney fees.
21    (d) The punishments for dissemination of an expunged record
22shall never apply to the person whose record was expunged.
23    (8)(a) An Except with respect to law enforcement agencies,
24the Department of Corrections, State's Attorneys, or other
25prosecutors, an expunged juvenile record may not be considered
26by any private or public entity in employment matters,

 

 

HB3817 Enrolled- 51 -LRB100 11385 SLF 21783 b

1certification, licensing, revocation of certification or
2licensure, or registration. Applications for employment must
3contain specific language that states that the applicant is not
4obligated to disclose expunged juvenile records of
5adjudication, conviction, or arrest. Employers may not ask if
6an applicant has had a juvenile record expunged. Effective
7January 1, 2005, the Department of Labor shall develop a link
8on the Department's website to inform employers that employers
9may not ask if an applicant had a juvenile record expunged and
10that application for employment must contain specific language
11that states that the applicant is not obligated to disclose
12expunged juvenile records of adjudication, arrest, or
13conviction.
14    (b) A person whose juvenile records have been expunged is
15not entitled to remission of any fines, costs, or other money
16paid as a consequence of expungement. This amendatory Act of
17the 93rd General Assembly does not affect the right of the
18victim of a crime to prosecute or defend a civil action for
19damages.
20    (c) The expungement of juvenile records under subsections
210.1, 0.2, or 0.3 of this Section Section 5-622 shall be funded
22by the additional fine imposed under Section 5-9-1.17 of the
23Unified Code of Corrections and additional appropriations made
24by the General Assembly for such purpose.
25    (9) (Blank). The changes made to this Section by Public Act
2698-61 apply to law enforcement records of a minor who has been

 

 

HB3817 Enrolled- 52 -LRB100 11385 SLF 21783 b

1arrested or taken into custody on or after January 1, 2014 (the
2effective date of Public Act 98-61).
3    (10) (Blank). The changes made in subsection (1.5) of this
4Section by this amendatory Act of the 98th General Assembly
5apply to law enforcement records of a minor who has been
6arrested or taken into custody on or after January 1, 2015. The
7changes made in subsection (1.6) of this Section by this
8amendatory Act of the 98th General Assembly apply to law
9enforcement records of a minor who has been arrested or taken
10into custody before January 1, 2015.
11(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
12eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
139-2-16.)
 
14    (705 ILCS 405/5-622 rep.)
15    Section 10. The Juvenile Court Act of 1987 is amended by
16repealing Section 5-622.